Custodial interrogation
   HOME

TheInfoList



OR:

{{Unreferenced, date=August 2016 In United States criminal law, a custodial interrogation (or, generally, custodial situation) is a situation in which the suspect's freedom of movement is restrained, even if they are not under arrest.


History

Per ''
Miranda v. Arizona ''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to i ...
'', 384 U.S. 436, 444 (1966), "custodial interrogation efers toquestioning initiated by law enforcement officers after a person has been taken into custody or ''otherwise deprived of his freedom of action in any significant way''." The United States Supreme Court has clarified that a person is being subjected to a custodial interrogation if "a reasonable person would have felt he or she was not at liberty to terminate the interrogation and leave." '' Thompson v. Keohane'', 516 U.S. 99, 112 (1995). This test is objective and thus does not depend on the individual suspect's subjective mindset, age, or previous personal experience with law enforcement. ''
Yarborough v. Alvarado ''Yarborough v. Alvarado'', 541 U.S. 652 (2004), is a United States Supreme Court case in which the Court declined to overturn a state court's conclusion that a minor was not in custody for ''Miranda'' purposes during his police interview. Micha ...
'', 541 U.S. 652, 666-69 (2004). Rather, the ultimate inquiry is whether a normal, reasonable person would feel free to end the encounter with law enforcement and leave the scene. However, J.D.B. v North Carolina states that a child's age properly informs the Miranda analysis. Law enforcement agency powers United States criminal law Interrogations